Abused Wife-can she be deported?

[snobdrblinkchik]

Hi, This is my first post and hopefully someone can help me out. I'm living in California by the way. I'll give the short story, unless you guys want the long story.

A young woman who was living in Cambodia (south east asia) was asked for her hand in marriage by an older Cambodian-American man(he's in his 40's and she's in her early 20's) since she came from a relatively poor family, her family let her get married to the guy for a chance of a better life in America.

Now she's been here for 6 months and his true colors are starting to show. He's a gambler and also an abuser. After work, he goes and gambles away his earnings, then when he comes home and sees there no food made for him, he beats the crap out of her. Keep in mind that because he gambles away his money he doesn't buy groceries or keep the frig stocked. So how can she cook with no food!

So my question is: Can she legally divorce him and still stay in the US? Also, would she be entitled to anything he owns-monetary wise (that wasn't her question, but i'd like to punish this guy as much as i can!). I can promise you that this isn't the classic case of a female marrying a US citizen to get citizenship. Any advice would be great because this young woman has NO family in the US and no friends, since she is pent up in her house all day. I might be her only hope. Thanks for taking your time to read this.

 

[Just Blue]

Has there ever been any DV charges against this guy?

 

[snobdrblinkchik]

Has there ever been any DV charges against this guy?

I can't say 100%. but i HIGHLY doubt it because she's all alone in this country. If she was to call the cops, she'd be out on her butt. I don't think she knows english well. Honestly, i don't know what her next step would be if she could get a divorce and stay in the country since she has no one. I know of her because she's my cousin in cambodia's best friend. But right now, my number one concern is to get her away from that a-hole.

with that being said, would there have to be DV charges? or would photographic proof or audio recording be enough?

 

[Ohiogal]

Who are you in this situation? Apparently she is not all alone in this country.

 

[snobdrblinkchik]

alright, this is the LONG part of the story...first off, i'm only 21 and still living with the parents and am in college, so i cannot help her financially..maybe i could let her crash on my couch or help her find work..but that's it...well besides getting her away from the dude

ok, yesterday my dad called his sister(my aunt) in cambodia. Her daughter (my cousin) told my dad about her friend(the chick getting beat). She told him the story and asked if there was any way to help her because she is a very shy and timid person and she has NO family/friends in the US. My dad told me the story and asked if there was a way to help her. My dad and I have her cell phone number, but we haven't called her yet. I want to know what her options are before calling her and giving her false hope. Also my Cambodian is a little sketchy.

So as of now, she is alone in this country cuz she doesn't know we are trying to find a way out for her. also, my dad just told me that she's younger than my cousin 24 but older than me 21. so she's not that old.....

 

[Just Blue]

alright, this is the LONG part of the story...first off, i'm only 21 and still living with the parents and am in college, so i cannot help her financially..maybe i could let her crash on my couch or help her find work..but that's it...well besides getting her away from the dude

ok, yesterday my dad called his sister(my aunt) in cambodia. Her daughter (my cousin) told my dad about her friend(the chick getting beat). She told him the story and asked if there was any way to help her because she is a very shy and timid person and she has NO family/friends in the US. My dad told me the story and asked if there was a way to help her. My dad and I have her cell phone number, but we haven't called her yet. I want to know what her options are before calling her and giving her false hope. Also my Cambodian is a little sketchy.

So as of now, she is alone in this country cuz she doesn't know we are trying to find a way out for her. also, my dad just told me that she's younger than my cousin 24 but older than me 21. so she's not that old.....

I am gonna see if I can get Lana, an Immergration Atty to come on and see if she would be able to help...hang on...

 

[snobdrblinkchik]

thank you SO MUCH. I hope you know how much this means to me.

 

[Just Blue]

thank you SO MUCH. I hope you know how much this means to me.

You're very welcome...

I sent Lana a PM w/ a link to this thread...hopefully she will come on soon and be able to advise you...Do you have this set up so that you receive a e-mail when someone posts a responce?...If not you should do so...

 

[RubyWine]

Am sorry that your friend is having to deal with this, how sad

I just went through the many links that I have amassed over the past couple of years doing our own immigration through my marriage to a USC and found the below which may help you in your research to help your friend.

Violence Against Women Act @ http://www.vawa2005.org/

FAQs: Changes in Family Status on the Immigration Process~ Divorce @ http://www.familybasedimmigration.com/forum/showthread.php?t=149

ACCESS TO HHS-FUNDED SERVICES FOR IMMIGRANT SURVIVORS OF DOMESTIC VIOLENCE @ http://www.hhs.gov/ocr/immigration/bifsltr.html

All the best to your friend.

 

[ImmigAttyLana]

What is her current status in the US? In what visa category did she enter the US? Has she filed for permanent residence on the basis of marriage? Has she been granted permanent residence?

 

[snobdrblinkchik]

thanks for replying. As of right now all i know is that she has a green card. I have midterms tomorrow, so i'll call her on thursday to find out more details...thanks again...

 

[snobdrblinkchik]

ok, my dad called the young woman. And here's the story: the guy hit her once BUT emotionally abuses her everyday. She can't find a job in her city because everyone knows that she is married to the guy, and no one likes the guy. From what i heard, it sounds like the guy has control issues....

She came here as a fiance and married the guy. She said that she is getting a greencard in the mail soon. My dad told her to make a photocopy of the papers when they arrive so i could tell you what it is, unless you can make a educated guess from what i've told you.

 

[ImmigAttyLana]

How is it that you say she has a green card but then in another post you say that she is getting it in the mail? Has she already been approved and is just waiting for the actual card? Did she go through an interview with the USCIS and her husband?

 

[snobdrblinkchik]

sorry for the confusion. I said that she already had her green card beacuse that was what I was told. But after I talked to her, she said that she already had an interview and that they approved her and were going to send her a greencard in the mail within 2 weeks.

 

[ImmigAttyLana]

So if she has been approved, most likely she has been approved for a conditional 2-year card and she will have to file for the removal of the conditional status within 90 days of the expiration of that card. If she is then no longer married, she will have to do it on her own, providing evidence to prove that the marriage was bona fide at the time it was entered into and through the date of divorce. If she is able to do that, she will get the conditional status removed.